1986 PLP 768(2) (SCMR)
NAZIR AHMAD — Petitioner Versus ASSISTANT DIRECTOR REFUGEES GOVERNMENT OF J & K and others — Respondents
| Citation | 1986 PLP 768(2) (SCMR) |
| Forum / Court | ---Art. 185(3)--Inheritance--Exclusion from--Deceased leaving widow and children--Petitioners being nephew and niece, claiming share on ground that they were included in matter of allotment in family of their uncle- Held: Petitioners having been found included in allotment made in favour of their mother were neither justified nor entitled to deprive respondents of their share in inheritance of their deceased father when they will be getting some share from allotment of their own mother. --Muhammadan Law. |
| Bench Members | Nasim Hasan Shah and S. A. Nusrat, JJ |
| Parties | NAZIR AHMAD — Petitioner Versus ASSISTANT DIRECTOR REFUGEES GOVERNMENT OF J & K and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1986 PLP 768(2) (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1986 PLP 768(2) (SCMR)?
The case was heard and decided by the ---Art. 185(3)--Inheritance--Exclusion from--Deceased leaving widow and children--Petitioners being nephew and niece, claiming share on ground that they were included in matter of allotment in family of their uncle- Held: Petitioners having been found included in allotment made in favour of their mother were neither justified nor entitled to deprive respondents of their share in inheritance of their deceased father when they will be getting some share from allotment of their own mother. --Muhammadan Law. bench comprising: Nasim Hasan Shah and S. A. Nusrat, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 768(2) (SCMR) (NAZIR AHMAD — Petitioner Versus ASSISTANT DIRECTOR REFUGEES GOVERNMENT OF J & K and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Abdullah, Advocate Supreme Court, Wajid Hussain, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 2tt.h November, 1985.
- Ch. Muhammad Abdullah, Advocate Supreme Court, Wajid Hussain, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment, dated 29-1-1978 of the Lahore High Court, Lahore in Writ Petition No. 124-R of 1978). ]
Art. 185(3)--Inheritance--Exclusion from--Deceased leaving widow and children--Petitioners being nephew and niece, claiming share on ground that they were included in matter of allotment in family of their uncle- Held: Petitioners having been found included in allotment made in favour of their mother were neither justified nor entitled to deprive respondents of their share in inheritance of their deceased father when they will be getting some share from allotment of their own mother. --[Muhammadan Law].
Judgment & Decree
NASIM HASAN SHAH, J.‑‑This is a case relating to the allotment of evacuee land to refugees from Jammu and Kashmir.
2. The plea of the petitioners was that they were included in the matter of allotment in the family of one Shahabuddin, their uncle. However, the Settlement Authorities have held otherwise and found that; only the widow and the real children of Shahabuddin are entitled to inherit his allotment. The petitioners, on the other hand, have been found to be included in the allotment made in favour of their mother Mst. Aisha Bibi.
3. The High Court found that their exclusion from the inheritance of Shahabuddin was perfectly correct and they could not claim inheritance of Shahabuddin being only his nephew and nieces when the latter had left his own heirs.
4. We entirely agree with the view taken by the High Court that the petitioners are neither justified nor entitled to deprive the respondents of their share in the inheritance of their deceased father when they will be getting some share from the allotment of their own mother.
5. This petite is dismissed. M. I. Petition dismissed.